Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1887-10-28
LEGAL NEWS.
THE BABY CASE

the law Judges Oh this Ctatc III oisp09'"s "A
the various baby cases that have c1ne beto.e
them is recorded in the State Reports, but in
all the reports in this State, and in all the
other law books to be found in Butler, no
parallel can be found to the complications
that have arisen in the Monks HARRISON
case.
Monday at 2 PM was the time fixed for
further hearing OF the case, bat on account
OF the large number of motions presented TO
the Court, il was nearly O'Clock before the
case was reached, when Mr.. Galbreath NOV
ed the Court to quash the rule for contempt
granted on the defendants, on account OF
their not bel, parties to toe original writ,
and also filed an anwer in the habeas corpus
case.
Martin Monks was called by the plaintiffs
and questioned as to his sisters whereabouts,
when he stated that the last he saw OF her
was when she was getting on the train In Al
leeheuy for Chicago, and that when last
heard from she was in Kansas City. He was
also questioned by Thompson as to the part
taken by himself and family in getting her
away. go -,
Robt. Harrison, Jr, the father of the child
told of his taking the child, as per order OF
Court and keeping and providing tor II, until
the Monks family and their friends came ana
TOOK it away by force, and recited the events
of that day, as he saw them, at the mouse anu
on the road.
Rob't HARRISON, Sr., an aged and feeble
gentleman. told his story OF the fuss, and
said he expected there would be death there
that day.
Miss Mary HARRISON told her story of the
fuss, as did also Miss Ida HARRISON.
1t was now nearly six o'clock, ana the
Court adjourned until NJ, next morning,
g
the rule attaching the defendants Tor con-
tempt of Court, and go on with the hearing
on the writ of habeas corpus, next morning
Tue sday morning. n1artiD Monks was recaliea
and questioned as to his consultation with
Thos. NJ. Marshall, Esq, of Pittsburg, IN this
case, regarding which the counsel for the
plaintiffs seemed to be pretty, well posted'
and then the prosecution rested.
Mr.. Wendell Hickey, whose home Is Ia
| Allegheny county few miles from the
Monks, vas the first witness for the defense
He stated that he -eut to Harbison's on the
5th of October at MARTINS request for the
purpose of removing Mrs. Harbison's goods
to her fa.her's house, told of the fuss III the
house and said the Harbisons said they would
take the child from the mother dead or awe,
told Of the fuss at the buggy ami OF Robert
trying to pull his wife out by the leg.
John Meth ercoate of Middiesex twp, was
the next witness He was there ID help pics
the goods, ETC., took no part IN the struggles, (,
gave a vivid description of the war, particu :
larly of the part fought on the roIi, AMI
thsa the defense rested.
Mr. Thompson, for the prosecution tnea
asked the Court TO rule the defenttnts to pro,
duce the body Of the child within stated
time, or be adjudged guilty of contempt OF
Court. and also to rule Abso!om Monks to
show cause why he should not be punished.
also to grant rule on all the parties to
show cause why they should not be hned
for obs:ructing the execution OF the law.
TIE defendants filed an answer stating
that they vera rot, and had not been slice
the service Of the writ Ii the posses SION OF
the child, that it was now with its M2tEer in
Kansas. and that they could not produce IL
Col. Thompson made the first speech TOR
the prosecution, dufing which he cited two
cases-one from Armstrong county and one
from Philadephia bearing on this case
He was followed BIZ s. F. Bowser and James
Galbreath, Esqrs., for the defense.
Judge McJunkin followed for the defeise,
aud he and Thompson were soon IN each
others wool On q question of yeracity-
THOMPSON asserting that he did not sav tha'
a certsin night, and McJun affirming that
he did. NaJupkiu also asserted that TINS
husband, Robert Hsrh;son, Jr., had chokcd
his wife when she wes lying helpless and
sick In ehild.bed and had damned kss to
get up and get TO work or leave the house.
We we're not present q. the first hearing Of
this case-this vas the third and OF course
did 1ot hear the evidence on this point, but
if Robt Herbison, Jr., did abuse his wife
while shewas lyius hsnls=s iq chjld.bei ,orwas
vet weak and sick from it, hs d id an get that
should have cost him the respect OF the com.
munity aad the respectful consideration OF
auy Court in Chrstepdom. It is as black an
act as a man be guilty of, blacker than the
murder Of stranger or enemy, and puts the
being guilty of it below the level OF any
other animal 10 creation.
Chas. McCandless finished for the prosecu-
ton and aaid hat the attorneys for the defense
and particuiariy LcJupkin. should be EN-
braced in the rule for contempt, end ict of
other heroic trash.
Judge Hazen said he had made up his
| mind to order these parties to produce the
child Eobert Charles HARRISON 10 Court by
| AN. of Monday, Nov. IA, and would wrl:e
the order, which we understand is to include
Martin and Wm. Monks, Wendell Hickey,
Mrs. Matilda Doerr, Absalom Moaks aud Mrs
| Cstharine Harrison, on Saturday morning, or
| as soon as the steuograpder eau furnish him
with the notes of the evidence.
| Mr. Bowssr excepted to the granting OF the
rule, and Mr. Galbreatb objected to the first
| writ @: kebeas corpus, being incorporated In
the evidence. The Court over-ruie1 him, he
took an exception, and the case el9ed Ter the
present.
! Tn the case of Wm. Arihurs for use VS.
Jacob Eyman and others a motion for new
trial was refused by the CGgrt.
Mr. Jas. C. Parker, who was committed to
Warren some years ago, was brought back on
| account of some informa!ity in the proceed
| ings, had hearing and was remanded back
| to Warren. and w. S. Barnes, his committee
can now get aa order 70 sell his property for
his maintenance.
Mr.. Jas. Sellers petitioned for writ oil
habeas corpus, alleging that his conviction
| and sentence under the Act of May Ii, 81 to
have been illegal. The writ was nted
and granted, and Sch ers was allowed to give
bail to appear tomorrow, Saturday, at Pm.
Thos. Dave, Of Millerstown received his
final naturalization papers, and also Chas.
Mosthaf of Clinton twp.
w. p. Jamison was discharged from Gus.
tody, under insoiveut laws, on the charge OF
embezzlement against him.
The petition for a charter for the Butler
Law Library Association was granted.
The Court directed the r 4. ties in the case
of Fred P. James VS. the o. & l.. +. r. r Co.
to be sold and the proceeds paid into court
to abide tae farther order of Court.
The Court took the papers in the di7orcl
case of Barnhart VS. Barnhart, after saying
that there should have been commissioner
appointed in the case, and thar there was toe
much trash handed up to the Court.
An application for new trial in the case
of Garman VS. Buehler was entertained.
v. B. Smith and Francis Laube had sum.
mons in ejectment issued VS. Henry Adler
L. A. Rider, J. y. Bo!ard and C. d. Green.
lee for q lot of ground in Jefferson twp.
A citation was granted ON the school direc,
tors of Buffalo twp, to show cause why they
should not be removed from Office. The pc.
titioness in this case complain of the great
distance children whose homes are in the
northeastern part of the tGwnship have to 20
to school, and say the directors will not
remedy the matter.
In the matter of the inquest held upon the
body of D. j. Barnhart, Judge Hszen filed
An opinion saying hat there were no suspic
ious circumstances in this case thai the de.
ceased told of the circumstances of his sui.
eide to his brother and Or. Bell after commit.
ting the act, ard that the Coroner was moi
notified, and adjudged that there was no rea.
sorable cause for holding such inquest, and
refused to approve it.
Herman Knox was appointed guardian Of
Lois c., Heury A., Grace r, aud Bessie G.
Barkey, with NicSi Allen as his surety.
J. L. Beatty wss appointed guardian OF
Laura HAYS, with David Hutchison as surety
w. P. Fl. Stein was allowed to join in par.
tit.on proceedings OF real estate Of John Wig
/ ton.